Media releases

FLPA welcomes de facto financial causes amendment

15/03/2012Author: FLPA

The Family Law Practitioners’ Association of Queensland (FLPA) yesterday welcomed the Federal Government’s introduction of the Family Law Amendment (Validation of Certain Orders and Other Measures) Bill 2012 into the House of Representatives to address the uncertainty surrounding de facto property orders.

The uncertainty was created by the gap in jurisdiction of the Family Court and the Federal Magistrates Court relating to de facto financial causes created between 1 March 2009 and 11 February 2012.

In late February, FLPA called on the Federal Government to enact retrospective legislation to ratify de facto property orders or risk thousands of rulings being challenged.

FLPA president Deborah Awyzio said the call came when it became known that the Government had failed to properly authorise Family Court of Australia and Federal Magistrates Court of Australia orders relating to de facto couples, including property settlements and maintenance agreements.

“We are pleased to see that the problem has been rectified,” Ms Awyzio said.

The Bill creates new statutory rights and liabilities for people who have been affected by two Proclamations not having been made under subsection 40(2) of the Family Law Act 1975.

This will provide people with certainty around the effect of their orders and put them in the same position as if the Proclamations had been made at the correct time.